Can I File A South Carolina Car Accident Lawsuit?
Lawsuit or a claim, our Lexington car accident attorneys get results
If you are injured in a car accident, you have the right to compensation for your injuries. But getting compensation isn’t always easy. Sometimes, you have to put pressure on the insurance company through the civil justice system.
In South Carolina, you can file a lawsuit against the at-fault driver, but only an attorney can tell you if it’s in your interest to do so. If you were injured in a South Carolina crash, you can contact us right now for a free case evaluation to find out more about the options available in your situation. Our car accident law firm serves injured accident victims in Lexington, Columbia, Red Bank, Oak Grove, and throughout South Carolina.
The Lexington car accident attorneys at Johnson + Johnson, Attorneys at Law know how to leverage car accident lawsuits to the advantage of injured victims. With more than 30 years of combined legal experience, our law firm has developed aggressive negotiation and litigation techniques that get top results in South Carolina.
When to file a South Carolina car accident lawsuit
Again, only an attorney can tell you whether filing a lawsuit is in your interest. Some of the situations in which you may want to consider a car accident lawsuit include:
- Can’t agree on a settlement. When negotiations fail to push the insurance company to increase a settlement offer, you may decide you’ve had enough and file a lawsuit.
- Denied claim. If the insurance company for the at-fault driver denies your claim entirely, you may have no choice to file a lawsuit.
- Delaying tactics. In South Carolina, the statute of limitations on car accident claims is generally three years from the date of the accident. If that deadline is approaching, you likely need to file a lawsuit to keep your options open.
Remember, you may file a car accident lawsuit and still never wind up in court. A settlement can be reached at any time, right up until there is a verdict. But if the insurance company wants to battle in court, we are always prepared to litigate.
Timeline of a South Carolina car accident lawsuit
Every victim, injury, accident, and legal action is different. But lawsuits filed over car accident injuries typically follow a similar process for pursuing damages. Here are the basic steps of a South Carolina car accident lawsuit. Again, remember that settlement negotiations can continue throughout this process and a settlement could be reached at any stage.
- File the lawsuit. In South Carolina, most personal injury and car accident lawsuits are filed in circuit court. Most of the time you can choose to file it in the defendant’s home county or the county where the accident happened. An attorney can determine which jurisdiction makes the most sense for your case.
- Discovery. After court documents are filed, lawyers for both sides of the case must share their evidence and provide access for qualifying depositions. In a complex case, the discovery stage can take months.
- Pre-trial mediation or negotiation. After the discovery period, lawyers have a better understanding of the evidence and strategies they will face in court. This new outlook can bring parties back to the negotiating table for a successful settlement agreement. Sometimes, mediation is an option.
- Trial. If there is still no settlement, a jury will be selected to hear your car accident lawsuit. Lawyers will make opening statements and present evidence during the trial. Your attorney will tell your side first. Then it is the defendant’s turn. The trial ends with closing arguments from both attorneys.
- Settlement or verdict. Lawyers can negotiate for a settlement up until the jury reaches a verdict. If the case is resolved to your favor, you can expect to get your crash compensation check within a few weeks, unless the defense appeals.
With very few exceptions, South Carolina car accident victims have 3 years to file a claim or lawsuit. This may seem like a lot of time, but it isn’t. The evidence you need to build a strong case can disappear over time. Witnesses move away. Memories fade. Physical evidence gets destroyed or lost. Johnson + Johnson gets started investigating your case right away. We waste no time collecting evidence and relentlessly hammering away at the insurance company for results.
How much can you sue for after a South Carolina car accident?
You can and should be financially compensated for all your accident-related expenses, but collecting compensation depends on proving the facts of your case - and your lawyer’s skills. The average car accident settlement can be anywhere from tens of thousands of dollars to hundreds of thousands of dollars. Some even result in million-dollar awards.
Car accident compensation should cover past, current, and future crash-related expenses and losses, including:
- Medical expenses.
- Lost wages.
- Follow-up medical care.
- Physical therapy.
- In-home medical care.
- Property damage.
- Decreased earning potential due to permanent disability.
- Home modifications to accommodate disability.
- Mental anguish and emotional pain.
- Pain and suffering.
Injured in a South Carolina car accident? Get free help now
The fastest, most accurate way to figure out whether a car accident lawsuit is right for you is to consult a winning South Carolina car accident attorney.
Get help from a law firm you can trust. If you were injured or a loved one was killed in a South Carolina car accident, contact Johnson + Johnson, Attorneys at Law for a free case evaluation. At no cost to you, a member of our team can explain your options and help you decide what to do next.
Our law firm represents injured accident victims for a contingency fee. That means that there are no out-of-pocket or upfront costs for our services. And you owe us nothing unless we win.